Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 BAIL APPL. NO. 10794 OF 2023 CRIME NO.852/2023 OF POOCHAKKAL POLICE STATION, ALAPPUZHA AGAINST THE ORDER/JUDGMENT CRL.MC 8291/2023 OF HIGH COURT OF KERALA PETITIONERS/ACCUSED:
1 JAISON JOY, AGED 39 YEARS S/O.JOY, ARACKAL HOUSE, VISHNUPURAM TEMPLE ROAD, CHERANELLORE, COCHIN, PIN - 682034 2 JACKSON ARACKAL JOY, AGED 42 YEARS S/O.JOY,ARACKAL HOUSE, VISHNUPURAM TEMPLE ROAD, CHERANELLORE, COCHIN., PIN - 682034 3 SHINOJ, AGED 28 YEARS S/O.SHAMSUDHEEN,KUTTIYIL HOUSE, THAMARAKKALA, ALAPPUZHA, PIN - BY ADVS. M.SASINDRAN SIDHARTH P. SASI SATHEESHAN ALAKKADAN
RESPONDENTS/STATE & COMPLAINANTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031 2 STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION,CHERTHALA, ALAPPUZHA DISTRICT- 688526 3 MANU SANKAR, S/O.MANMADHAN NAIR,POZHIYIL PUTHEN VEETTIL, PANAVALLI P.O.PANAVALLY PW7, CHERTHALA, ALAPPPUZHA DISTRICT - 688566 SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
2. The petitioners are the accused 1 to 3 in Crime
No.852/2023 of the Poochakkal Police Station, Alappuzha, which is registered against them for allegedly committing the offences punishable under Sections 406, 420 r/w. Section 34 of the Indian Penal Code.
3. When the bail application came up for consideration
on 01.12.2023, this Court passed an interim order by directing the petitioners to appear before the investigating officer within five days from the date of order in response to Section 41A notice and subject themselves to interrogation by the investigating officer.
4. Heard; Sri.M. Sasindran, the learned counsel appearing for the petitioners and Smt. Seetha S., learned Public Prosecutor appearing for the respondents.
5. The learned Public Prosecutor, on instructions,
submitted that, pursuant to the interim order dated 01.12.2023, the petitioners were arrested in another crime. They were interrogated by the investigating officer and the investigating officer has filed a refer report before the jurisdictional court. Therefore, the petitioners' presence is not required.
6. The submission of the learned Public Prosecutor is recorded.
7. Resultantly, the application is disposed of by making the interim order dated 01.12.2023 absolute, subject to the following conditions:
(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;
(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;
(iii) The petitioners shall not get involved in any other offence while on bail.
(iv) The petitioners shall not leave India without the permission of the jurisdictional Court;
(v) In case of violation of any of the conditions
above, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below. Sd/- C.S.DIAS JUDGE shg